C v Minister for Immigration Multicultural Affairs[2000] FCA 1649

FEDERAL COURT OF AUSTRALIA

'C' v Minister for Immigration and Multicultural Affairs

[2000] FCA 1649

MIGRATION – protection visa – review of decision of Refugee Review Tribunal – Tribunal not satisfied that applicant had genuine fear of persecution – bias – whether conduct of Tribunal established a "closed mind" – when may final views be formed Migration Act 1958 (Cth) s 476(1)(f) Vakauta v Kelly (1989) 167 CLR 568 applied Barnsley Licensing Justices, R v; Ex parte Barnsley and District Licensed Victuallers' Association [1960] 2 QB 167 applied Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 applied Johnson v Johnson [2000] HCA 48 applied C v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 459 of 2000 RD NICHOLSON, FINKELSTEIN and STONE JJ SYDNEY 22 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 459 of 2000

On appeal from a single judge of the Federal Court of Australia

BETWEEN: 'C'

Appellant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGES: RD NICHOLSON, FINKELSTEIN AND STONE JJ

DATE OF ORDER: 22 NOVEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed in part. 2. The order for costs below be set aside and in lieu thereof, it be ordered that each party bear its own costs of the proceeding below. 3. The appeal be otherwise dismissed with no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 459 of 2000

On appeal from a single judge of the Federal Court of Australia

BETWEEN: 'C'

Appellant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS